Manor Court Werribee Aged Care Ltd Summary

[2014] FWCA 834

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Manor Court Werribee Aged Care Ltd
(AG2013/12815)

MANOR COURT WERRIBEE AGED CARE LTD NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 7 FEBRUARY 2014

Application for approval of the Manor Court Werribee Aged Care Ltd Nurses Enterprise Agreement 2013.

[1] On 20 December 2013 Manor Court Werribee Aged Care Ltd (Applicant) made an application for approval of the Manor Court Werribee Aged Care Ltd Nurses Enterprise Agreement 2013 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 14 February 2014. The nominal expiry date of the Agreement is 1 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

Manor Court Werribee Aged Care Ltd applied for approval of the 2013 Nurses Enterprise Agreement. The applicant is an aged care provider, and the agreement concerns the terms and conditions of employment for registered and enrolled nurses working at its facility in Werribee. The dispute was heard in the Fair Work Commission. The key legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment. Specifically, the Commission had to consider whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. This involved assessing the agreement against criteria such as the protection of employee rights, the promotion of efficient workplace relations, and the avoidance of industrial action.

The Commission examined the provisions of the agreement, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. It considered submissions from both the applicant and the Australian Nursing and Midwifery Federation, which represented the nurses. The Commission found that the agreement met the legislative criteria for approval, as it provided for fair and reasonable terms and conditions of employment. The agreement included provisions that protected the rights of nurses, promoted efficient workplace relations, and provided for the avoidance of industrial action. The Commission also noted that the agreement was negotiated in good faith and was not likely to have an adverse effect on the broader economy or industrial relations system.

Accordingly, the Commission approved the agreement. The approval ensures that the terms and conditions of employment for the nurses are legally binding and enforceable. The agreement will now govern the employment of registered and enrolled nurses at the Manor Court Werribee Aged Care facility. This decision provides clarity and certainty for both the employer and the employees, ensuring that their rights and obligations are clearly defined. The Fair Work Commission's approval of the agreement reflects its finding that the agreement is fair and reasonable and complies with the relevant legislation.

Manor Court Werribee Aged Care Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established